Crime and Courts Bill (HL Bill 4)

(a) in the title, for “Serious Organised Crime Agency” substitute “The
National Crime Agency”;

(b) in subsection (1), for “members of the staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officers”;

(c) 5in subsection (6), for “member of the staff of the Agency” substitute
“National Crime Agency officer”;

(d) in subsection (7), for the words from “relates” to the end substitute
“relates to the functions of the Agency under the Proceeds of Crime Act
2002 as to the recovery of assets.”.

(9) 10Schedule 6 (inspections and complaints) has effect.

12 Information: restrictions on disclosure etc

(1) Schedule 7 (information: restrictions on disclosure) has effect.

(2) Schedule 7 applies to disclosures made for the purposes of the criminal
intelligence function.

(3) 15Any duty to disclose information imposed on an NCA officer has effect subject
to Schedule 7.

(4) Subsections (2) and (3) do not limit Schedule 7.

13 NCA officers with operational powers: labour relations

(1) A person must not induce the Director General or any NCA officer designated
20under section 10 to withhold (or to continue to withhold) services as an NCA
officer.

(2) The duty imposed by subsection (1) is a duty owed to the Secretary of State.

(3) A breach of that duty which causes the Secretary of State to sustain loss or
damage is to be actionable, at the Secretary of State’s suit or instance, against
25the person in breach.

(4) Subsection (3) is without prejudice to the right of the Secretary of State, by
virtue of subsections (1) and (2), to bring civil proceedings in respect of any
apprehended contravention of subsection (1).

(5) The no-strike provisions must be disregarded in determining for the purposes
30of any of the relevant employment legislation whether any trade union is an
independent trade union.

(6) Nothing in the relevant employment legislation is to affect the rights of the
Secretary of State by virtue of the no-strike provisions.

(7) The Secretary of State may, by order, suspend, or later revive, the operation of
35the no-strike provisions.

(8) In this section—

• “no-strike provisions” means subsections (1) to (3) of this section;

• “relevant employment legislation” means—

  (a)

  the Trade Union and Labour Relations (Consolidation) Act
  401992;

  (b)

  the Employment Rights Act 1996;

  Crime and Courts BillPage 11

  (c)

  the Trade Union and Labour Relations (Northern Ireland)
  Order 1995;

  (d)

  the Employment Rights (Northern Ireland) Order 1996.

14 NCA officers with operational powers: pay and allowances

(1) 5The Secretary of State may, by regulations, provide for the establishment,
maintenance and operation of procedures for the determination from time to
time of—

(a) the rates of pay and allowances to be applied to the Director General
and to NCA officers designated under section 10; and

(b) 10other associated terms and conditions of employment as the Director
General or as an NCA officer designated under section 10.

(2) Regulations under this section may—

(a) provide for determinations with respect to matters to which the
regulations relate to be made wholly or partly by reference to such
15factors, and the opinion or recommendations of such persons, as may
be specified or described in the regulations;

(b) authorise the matters considered and determined in pursuance of the
regulations to include matters applicable to times and periods before
they are considered or determined.

(3) 20In this section “associated terms and conditions” means such terms and
conditions as may appear to the Secretary of State to fall to be determined in
association with the determination of rates of pay and allowances.

15 Abolition of SOCA and NPIA

(1) The Serious Organised Crime Agency is abolished.

(2) 25The National Policing Improvement Agency is abolished.

(3) Schedule 8 (abolition of SOCA and NPIA) has effect.

16 Interpretation of Part 1

(1) In this Part—

• “chief officer” means—

  (a)

  30the chief constable of a police force maintained under section 2
  of the Police Act 1996 (police forces in England and Wales
  outside London);

  (b)

  the Commissioner of Police of the Metropolis;

  (c)

  the Commissioner of Police for the City of London;

  (d)

  35the chief constable of the Police Service of Scotland;

  (e)

  the Chief Constable of the Police Service of Northern Ireland;

  (f)

  the chief constable of the British Transport Police Authority;

  (g)

  the chief constable of the Civil Nuclear Constabulary;

  (h)

  the chief constable of the Ministry of Defence Police;

• 40“customs revenue official” has the same meaning as in the Borders,
  Citizenship and Immigration Act 2009 (see section 11 of that Act);

• “Director General” means the Director General of the National Crime
  Agency;

Crime and Courts BillPage 12

• “Director of Border Revenue” means the person designated under section
  6 of the Borders, Citizenship and Immigration Act 2009;

• “enactment” means any enactment, whenever passed or made, contained
  in—

  (a)

  5an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  Northern Ireland legislation (within the meaning of section 24
  of the Interpretation Act 1978);

  (d)

  a Measure or Act of the National Assembly of Wales;

  (e)

  10an instrument made under any such Act, legislation or
  Measure;

  (f)

  any other subordinate legislation (within the meaning of the
  Interpretation Act 1978);

• “England and Wales police force” means—

  (a)

  15a police force maintained under section 2 of the Police Act 1996
  (police forces in England and Wales outside London);

  (b)

  the metropolitan police force;

  (c)

  the City of London police force;

• “functions” means all functions of any description, including powers and
  20duties, whether conferred by an enactment or arising otherwise;

• “general customs official” has the same meaning as in Borders,
  Citizenship and Immigration Act 2009 (see section 3 of that Act);

• “Island law enforcement agency” means any person charged with the
  duty of investigating or prosecuting offences who operates in any of the
  25Channel Islands or in the Isle of Man (apart from an Island police force);

• “Island police force” means—

  (a)

  the States of Jersey Police Force;

  (b)

  the salaried police force of the Island of Guernsey;

  (c)

  the Isle of Man Constabulary;

• 30“local policing body” means—

  (a)

  a police and crime commissioner;

  (b)

  the Mayor’s Office for Policing and Crime;

  (c)

  the Common Council of the City of London as police authority
  for the City of London police area;

• 35“NCA” means the National Crime Agency;

• “NCA functions” means—

  (a)

  functions of the NCA,

  (b)

  functions of the Director General, and

  (c)

  functions of other NCA officers;

• 40“NCA officers” means—

  (a)

  the Director General,

  (b)

  the other National Crime Agency officers appointed under
  paragraph 9 of Schedule 1,

  (c)

  persons who have been seconded to the NCA to serve as
  45National Crime Agency officers under paragraph 13 of
  Schedule 1 (unless the context otherwise requires), and

  (d)

  NCA specials;

• “permitted purpose” means any of the following purposes—

  Crime and Courts BillPage 13

  (a)

  the prevention or detection of crime, whether in the United
  Kingdom or elsewhere;

  (b)

  the investigation or prosecution of offences, whether in the
  United Kingdom or elsewhere;

  (c)

  5the prevention, detection or investigation of conduct for which
  penalties other than criminal penalties are provided under the
  law of any part of the United Kingdom or the law of any country
  or territory outside the United Kingdom;

  (d)

  the exercise of any NCA functions (so far as not falling within
  10any of paragraphs (a) to (c));

  (e)

  purposes relating to civil proceedings (whether or not in the
  United Kingdom) which relate to a matter in respect of which
  the NCA has functions;

  (f)

  compliance with an order of a court or tribunal (whether or not
  15in the United Kingdom);

  (g)

  the exercise of any function relating to the provision or
  operation of the system of accreditation of financial
  investigators under section 3 of the Proceeds of Crime Act 2002;

  (h)

  the exercise of any function of the prosecutor under Parts 2, 3
  20and 4 of the Proceeds of Crime Act 2002;

  (i)

  the exercise of any function of—

  (i)

  the Director of Public Prosecutions,

  (ii)

  the Director of the Serious Fraud Office,

  (iii)

  the Director of Public Prosecutions for Northern Ireland,
  25or

  (iv)

  the Scottish Ministers,

  under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act
  2002;

  (j)

  the exercise of any function of—

  (i)

  30an officer of Revenue and Customs,

  (ii)

  a general customs official,

  (iii)

  a customs revenue official,

  (iv)

  an immigration officer,

  (v)

  an accredited financial investigator, or

  (vi)

  35a constable,

  under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;

  (k)

  investigations or proceedings outside the United Kingdom
  which have led, or may lead, to the making of an external order
  (within the meaning of section 447 of the Proceeds of Crime Act
  402002);

  (l)

  the exercise of any function of any intelligence service (within
  the meaning of the Regulation of Investigatory Powers Act
  2000)

  (m)

  the exercise of any function under—

  (i)

  45Part 2 of the Football Spectators Act 1989, or

  (ii)

  sections 104 to 106 of the Policing and Crime Act 2009;

  (n)

  the exercise of any function relating to public health;

  (o)

  the exercise of any function of the Financial Services Authority;

  (p)

  the exercise of any function designated by the Secretary of State
  50by order;

  Crime and Courts BillPage 14

  but a function may be designated under paragraph (p) only if the
  function appears to the Secretary of State to be a function of a public
  nature;

• “policing body” means—

  (a)

  5a police and crime commissioner;

  (b)

  the Mayor’s Office for Policing and Crime;

  (c)

  the Common Council of the City of London as police authority
  for the City of London police area;

  (d)

  the Scottish Police Authority;

  (e)

  10the Northern Ireland Policing Board;

  (f)

  the British Transport Police Authority;

  (g)

  the Civil Nuclear Police Authority;

  (h)

  the Secretary of State, in relation to the Ministry of Defence
  Police;

• 15“special police force” means—

  (a)

  the British Transport Police;

  (b)

  the Civil Nuclear Constabulary;

  (c)

  the Ministry of Defence Police;

• “strategic partners” means—

  (a)

  20the Scottish Ministers;

  (b)

  the Department of Justice in Northern Ireland;

  (c)

  such persons as appear to the Secretary of State to represent the
  views of local policing bodies;

  (d)

  such persons as appear to the Secretary of State to represent the
  25views of the chief officers of England and Wales police forces;

  (e)

  the chief constable of the Police Service of Scotland;

  (f)

  the Chief Constable of the Police Service of Northern Ireland;

  (g)

  the Commissioners for Her Majesty’s Revenue and Customs;

  (h)

  the Director of the Serious Fraud Office;

• 30“UK law enforcement agency” means—

  (a)

  the Commissioners for Her Majesty’s Revenue and Customs;

  (b)

  the Director of the Serious Fraud Office;

  (c)

  the Director of Border Revenue;

  (d)

  the Scottish Administration;

  (e)

  35a Northern Ireland department;

  (f)

  any other person operating in England, Scotland, Northern
  Ireland or Wales charged with the duty of investigating or
  prosecuting offences (apart from a UK police force);

• “UK police force” means—

  (a)

  40an England and Wales police force;

  (b)

  the Police Service of Scotland;

  (c)

  the Police Service of Northern Ireland;

  (d)

  a special police force.

(2) In this Part—

(a) 45a reference to the powers and privileges of a constable is a reference to
any powers and privileges of the constable, whether arising under an
enactment or otherwise;

(b) a reference to the Police Service of Northern Ireland includes a
reference to the Police Service of Northern Ireland reserve.

(3) In any enactment—

(a) a reference to a National Crime Agency officer is to be construed as a
5reference to an NCA officer within the meaning of this Part;

(b) a reference to a function of the National Crime Agency is to be
construed as a reference to an NCA function within the meaning of this
Part (unless the context otherwise requires).

(4) Definitions of the following terms used in this Part, or other provision relating
10to the meanings of such terms, are contained in the provisions (outside this
section) which are indicated.

Part 2 Courts and Justice

Administration of justice

17 Civil and family proceedings in England and Wales

(1) 30In Part 1 of the County Courts Act 1984 at the beginning insert—

“The county court

A1 Establishment of a single county court

(1) There is to be a court in England and Wales, called the county court, for
the purpose of exercising the jurisdiction and powers conferred on it—

(a) by or under this or any other Act, or

(b) by or under any Act, or Measure, of the National Assembly for
Wales.

(2) The county court is to be a court of record and have a seal.”

(2) Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

(3) 5In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—

“Part 4A

The family court

31A Establishment of the family court

(1) There is to be a court in England and Wales, called the family court, for
the purpose of exercising the jurisdiction and powers conferred on it—

(a) by or under this or any other Act, or

(b) 10by or under any Act, or Measure, of the National Assembly for
Wales.

(2) The family court is to be a court of record and have a seal.”

(4) Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is
repealed, as are the following related provisions of that Act: Part 2 of each of
15Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).

(5) Schedule 9 (amendments in connection with the county court replacing the
existing county courts) has effect.

(6) Schedules 10 and 11 (amendments in connection with the establishment of the
family court) have effect.

18 20Judicial appointments

Schedule 12 has effect. In that Schedule—

• Part 1 provides for there to be no more than the equivalent of 12 full-time
  judges of the Supreme Court, rather than exactly 12 judges, and makes
  provision about their selection,

• 25Part 2 contains provisions to facilitate greater diversity among judges,

• Part 3 amends provisions about membership of the Judicial
  Appointments Commission,

• Part 4—

  (a)

  makes provision about selection for certain judicial
  30appointments, and

  (b)

  provides for the transfer, from the Lord Chancellor to the Lord
  Chief Justice or the Senior President of Tribunals, of functions in
  connection with selection for and appointment to judicial
  offices, and

• 35Part 5 abolishes the office of assistant Recorder.

19 Deployment of the judiciary

(1) The Lord Chief Justice’s deployment responsibility includes (so far as it would
not otherwise do so, and subject to having regard to the responsibilities of the

Senior President of Tribunals) responsibility for the maintenance of
appropriate arrangements for—

(a) the deployment to tribunals of judiciary deployable to tribunals, and

(b) the deployment to courts in England and Wales of judiciary deployable
5to such courts.

(2) In subsection (1) “the Lord Chief Justice’s deployment responsibility” means
the responsibility that the Lord Chief Justice of England and Wales, as
President of the Courts of England and Wales, has under section 7(2)(c) of the
Constitutional Reform Act 2005 for the maintenance of appropriate
10arrangements for the deployment of the judiciary of England and Wales.

(3) Each of the following is a tribunal for the purposes of subsection (1)(a)—

• the Upper Tribunal,

• the First-tier Tribunal,

• the Employment Appeal Tribunal, and

• 15an employment tribunal in England and Wales.

(4) Schedule 13 (which makes provision for deployment of judiciary to courts and
tribunals) has effect.

20 Payment of fines and other sums

(1) In the Magistrates’ Courts Act 1980 after section 75 insert—

“75A 20 Costs of collecting sums adjudged to be paid by a conviction

(1) Where a sum is adjudged to be paid by a conviction, the person liable
to pay the sum is also liable to pay amounts in respect of costs of doing
things for the purpose of collecting sums of that kind.

(2) Where the person is charged such an amount, the sum adjudged to be
25paid is treated as increased by that amount.

(3) No such amount may be charged unless a collection order or other
notice of the person’s liability to pay such amounts has been served on
the person.

(4) Where time has been allowed for payment of the sum, no such amount
30may be charged before the end of that time.

(5) Where payment is to be by instalments, no such amount may be
charged—

(a) before the first occasion on which there is default in the
payment of an instalment, or

(b) 35at any other time when the instalments are up to date.

(6) No such amount may be charged in respect of costs that may be
recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts
and Enforcement Act 2007 (costs related to taking control of goods and
selling them).

(7) 40This section applies in relation to a sum even if a collection order is in
force in relation to the sum.”

(2) In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person
provided under a contract, who is so designated by the Lord Chancellor)

insert—

“36A All functions of fines officers may be contracted-out

A function given by or under an enactment to a fines officer as such is
to be taken for the purposes of section 2(5) (ban on contracting-out of
5judicial functions) as not involving the making of judicial decisions and
as not involving the exercise of any judicial discretion.”

(3) In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1)
(contents of collection orders) after paragraph (c) insert—

“(ca) explain how the sum due may be increased by amounts in
10respect of costs of doing things for the purpose of collecting
sums of that kind,”.

(4) In section 85 of the Magistrates’ Courts Act 1980 (power to remit fines) after
subsection (4) (power does not extend to other sums) insert—

“(5) Despite subsection (4) above, references in subsections (1) to (3) above
15to a fine do include an amount that a person has been charged in respect
of costs mentioned in section 75A(1) above if the person is liable under
section 75A(1) above to pay the amount as a result of being liable to pay
a fine as defined by subsection (4) above.”

(5) In section 139(c) of that Act (disposal of balance of receipts on account of sum
20adjudged to be paid) after “balance” insert “in accordance with any directions
under section 139A and, subject to that, in payment”.

(6) In that Act after section 139 insert—

“139A Disposal of amounts received in respect of collection costs

(1) The Secretary of State may give directions requiring that money
25received on account of an amount charged as mentioned in section 75A
is to be paid to the person who charged the amount.

(2) For the purposes of this section, money is received on account of an
amount charged as mentioned in section 75A if—

(a) the money is received on account of a sum whose amount has
30been increased under that section,

(b) the total received on account of the sum is more than the figure
the sum would be if increases under that section are excluded,
and

(c) the money is—

(i) 35the balance after deducting that figure from the total
received, or

(ii) if less, so much of that balance as equals the amount
charged.

(3) Directions under this section—

(a) 40may be general or apply only in cases specified in them;

(b) may make different provision for different purposes;

(c) may be revoked by directions given by the Secretary of State.”

(7) In section 24(2) of the Criminal Justice Act 1991 (regulations about applications

by courts for benefit deductions) after paragraph (b) insert—

“(ba) provision, including provision for deductions, in connection
with the fine or compensation to which an application relates
being treated as increased under section 75A of the 1980 Act or
5paragraph 42A of Schedule 5 to the Courts Act 2003;”.

(8) In section 56(3) of the Education and Skills Act 2008 (normal enforcement
provisions do not apply to a non-participation fine once offender reaches 18)
after “to be concluded” insert “or to preserve existing increases under section
75A of the Magistrates’ Courts Act 1980 (collection costs) or paragraph 42A of
10Schedule 5 to the Courts Act 2003”.

21 Disclosure of information for calculating fees of courts, tribunals etc

(1) The Secretary of State or a Northern Ireland Department, or a person providing
services to the Secretary of State or a Northern Ireland Department, may
disclose social security information to a relevant person who wants social
15security information in connection with deciding a fee-remission application.

(2) Her Majesty’s Revenue and Customs, or a person providing services to the
Commissioners for Her Majesty’s Revenue and Customs, may disclose tax
credit information or finances information to a relevant person who wants tax
credit information or finances information in connection with deciding a fee-
20remission application.

(3) Information disclosed to a relevant person under subsection (1) or (2)—

(a) must not be further disclosed, except to another relevant person who
wants social security information, tax credit information or finances
information in connection with deciding a fee-remission application,
25and

(b) must not be used otherwise than in connection with deciding a fee-
remission application.

(4) Subsection (3) does not prohibit—

(a) disclosure or use of information which is in the form of a summary or
30collection of information so framed as not to enable information
relating to any particular person to be ascertained from it;

(b) disclosure or use of information which has previously been disclosed to
the public with lawful authority;

(c) disclosure or use of information so far as necessary to comply with—

(i) 35an order of a court,

(ii) an order of a tribunal established by or under an Act, or

(iii) a duty imposed by or under an Act or Northern Ireland
legislation.

(5) It is an offence for a person to disclose or use information in contravention of
40subsection (3).

(6) It is a defence for a person charged with an offence under subsection (5) to
prove that the person reasonably believed that the disclosure or use concerned
was lawful.

(7) A person guilty of an offence under subsection (5) is liable—

(a) 45on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or